ALBANY - With the absentee and affidavit ballots counted, Bryan Jimenez is the unofficial winner of the Green Party mayoral primary, by a 20-17 tally, over Daniel Plaat, County Board of Elections Commissioner Matthew Clyne said Monday.

Last week Plaat asserted that he won the election, by a 17-15 tally, because they were no absentee or other paper ballots. Jimenez will appear on party's ballot on Nov. 7.

Clyne said election results of the Sept. 12 primaries are not yet official because of litigation involving the Colonie town clerk race.

Democrat Alison McLean Lane filed a lawsuit Sept. 18 alleging the number of absentee ballots cast in the Independence Party primary - 177 - was remarkably higher than the number of absentee ballots cast in past Independence Party primaries. McLean Lane was on the party's primary ballot. Her opponent, Julie Gansle, was running a write-in campaign.

A judge last week stopped the count, and the case is being heard in Albany County Court on Tuesday.

In another race involving the Independence Party, Albany Councilman Frank Commisso Jr. who received the party's mayor nomination, has yet to say whether he will campaign on the line for the general election. He was defeat in the Democratic primary by incumbent Mayor Kathy Sheehan. Conservative Joseph Sullivan also is on the Nov. 4 ballot. There is no Republican challenger.